Re: What Happens to U.S for going aginst the U.N?

Posted by André Scheidtmann on March 20, 2003 at 13:13:41:

In Reply to: What Happens to U.S for going aginst the U.N? posted by Scott on March 18, 2003 at 01:48:43:

The United Nations' organ which can impose sanctions is the Security Council whose decisions are binding (Art. 25 UN Charter).
However, since the United States is a permanent member of the Security Council (Art. 23 para. 1 UN Charter) and will hardly vote in favour of sanctions imposed against themselves, there will be no decision to that effect (Art. 27 para. 3 UN Charter).
The International Court of Justice may, however, render a judgment on the legality of the actions in question, if the case is referred to it by a state party to the Statute of the ICJ (Art. 36 para. 1 of the Statute ), or if the General Assembly (or the Security Council) requests it to give an advisory opinion (Art. 96 para. 1 UN Charter).
Pursuant to Art. 94 para. 1 UN Charter, the Court's decisions are binding. However, these decisions, in turn, can only be given effect to having recourse to the Security Council in the case of non-compliance (paragraph 2).
Hence, there will be no consequences for a permanent member of the Security Council not adhering to a UN decision.

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